Guwahati Court November 1950 Judgments
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Ganesh Bahadur Vs. the State
Court: Guwahati
Decided on: Nov-30-1950
Ram Labhaya, J.1. Ganesh Bahadur was convicted under Section 19(f) of the Arms Act by an order of the Magistrate, 1st Glass, Mangoldoi. He was sentenced to a fine of Rs. 50, in default of payment, of which he was ordered to undergo rigorous imprisonment for a period of one month. His petition of revision to the Sessions Court did not succeed. He has now invoked the revisional jurisdiction of this Court.2. The only important point that arises in the case is whether sanction for the prosecution of the petitions, which was obtained admittedly after the institution of the proceedings against him, can validate the proceedings with retrospective effect.3. The learned Counsel for the petitioner contends that under Section 29, Arms Act, the sanction must precede the institution of the proceeding. Where a sanction is not obtained before the institution of the proceeding, the proceeding stands vitiated and the conviction cannot stand. Section 29, Arms Act, provides that:Where an offence punisha...
The State Vs. Ashiruddln Master and ors.
Court: Guwahati
Decided on: Nov-24-1950
Thadani, C.J 1. We have before us a reference made by the learned Asst Ses J. L. A. D. under Section 307, Cr. P.C. in a case in which one Ashiruddin Master & Abdul Kuddus were found guilty by a majority verdict of the Jury under Section 366, I P.C. The learned Judge disagreed with the verdict of the Jury & made this reference in the interests of justice.2. Ashiruddin & Abdul Kuddus were tried along with 3 others -- one Hayet Ali. Kaset 'alias' Kashem Ali, & Mongla Munshi-- under Sections 147 & 366, I. P.C. with the aid of a Jury. The Jury found Hayet Ali, Kaset 'alias' Kashem Ali, & Mongla Munshi not guilty - a verdict with which the learned Judge agreed.3. It appears from the summing up to the Jury that the learned Judge, short of saying so, directed the Jury to find all the accused persons not guilty under Sections 147 & 366,I. P.C. The main point upon which the learned Judge has made the reference is that the requisite intention as described in Section 366, I. P.C. has not b...
Singa Marak and ors. Vs. King Emperor
Court: Guwahati
Decided on: Nov-16-1950
Thadani, C.J.1. This revision application was remanded by me to the trial Court with a direction upon the learned Deputy Commissioner who had decided the ease, to submit his finding and report on the following question: Whether or not the applicants were joint owners with the convict of the property which had been attached and sold? The report has now been submitted by the D.C., wherein he states that the applicants are not joint owners with the convict of the property which had been attached.2. I had in my order of remand referred to the custom prevailing in the Garo Hills as to the recovery of fine due by a convicted person from the estate of his relatives, and relied upon the view of Commissioner Bentinck and Governor Sir Michael Keane. It seems to me that the custom prevailing in the matter of the recovery of fine ordered to be paid by a convict - a custom which has the force of law - in the Garo Hills is that it can be recovered from the relatives of an accused person only when t...
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